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the existing utility service road that connects Benedict Court to the City's water tank, which does not meet the City's requirements for width and grade as to an EVA, the fire road will likewise not be designed or constructed to City EVA standards related to width and weight capacity. Nevertheless, this fire road will assist the Fire Department in accessing the open space area and in responding to an emergency there. Additional Fire and Life Safety Mitigation Measures Additional fire and life safety mitigation measures are imposed on the Oak Grove project in the form of the WFIP requirements and an increase in fire flow. This specifies that the development address the areas around each home to provide defensible space and ensure that the vegetation does not contribute to the spread of fire. The present code specifies that combustible vegetation be cleared 100 feet from the structure. The Fire Department has modified this requirement and has specified that the 100-foot clearance be measured from the property line, not the structure. In some cases, based on the siting of the residence, this distance may be up to 180 feet from the residence. In addition, fire-resistive construction, non-combustible roofing, and other protective measures will be required to ensure resistance to fire. The WFIP will contain provisions for the management of open space to ensure that best practices are employed in the open space to restrict the spread of fire to this development as well as the surrounding neighborhoods. Fire flow has been increased to 1.5 times the City minimum for residential development so adequate water is available for wildland firefighting and structure protection. Each residence is also required to have automatic fire sprinkler protection. Liability and Indemnification During the public hearing, Grey Eagle Estates residents expressed their concern that because Grey Eagle Court is a private street and because the property lines of their lots extend to the center of the street, if Grey Eagle Court is used for public safety and emergency purposes, they could be liable if a member of the public coming from the Oak Grove project during an emergency were injured. Part of that concern stems from the width of the street - 24 feet -and the fact that vehicles sometimes park along the street, making access by fire and other emergency vehicles difficult. In relevant part, the CC&R's for the Grey Eagle Estates subdivision provides that, "Vehicles shall not be parked anywhere in the Project except wholly within Lots; provided however that parking of vehicles by Invitees is permitted on the Private Street for not more than one (1) night. " The CC&R's also prohibit the parking of boats, trailers, commercial vehicles, RV's, etc. within the project. The CC&R's also provide that no private street shall be obstructed and that no owner shall permit anything to be kept on the private street that would be in violation of any governmental statute, ordinance, rule, or regulation. Because the lots do extend to the center of the private street, there is an argument that property owners can park their own vehicles along the street consistent with the Page 19 of 27